Software license agreement for Epson PC-Fax Driver for Linux

OS

- Linux

SEIKO EPSON CORPORATION
SOFTWARE LICENSE AGREEMENT

IMPORTANT! READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. The computer software product, fontware, typefaces and/or data, including any accompanying explanatory written materials (the "Software") should only be installed or used by the Licensee ("you") on the condition you agree with SEIKO EPSON CORPORATION ("Epson") to the terms and conditions set forth in this Agreement.

IF YOU ACQUIRE THE SOFTWARE IN AUSTRALIA, SECTIONS 12 - 21 OF THIS AGREEMENT MAY ADDITIONALLY APPLY TO YOU. SECTIONS 13 AND 16 DESCRIBE WHEN THESE SECTIONS MAY APPLY. SECTIONS 12 - 21 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO SECTIONS 12 - 21.

By installing or using the Software, you are representing to agree all the terms and conditions set forth in this Agreement. You should read this Agreement carefully before installing or using the Software. If you do not agree with the terms and conditions of this Agreement, you must not install or use the Software.

1. License. Epson and its suppliers grant you a personal, nonexclusive, royalty-free, non-sublicensable limited license to install and use the Software on any single computer or computers that you intend to use directly or via network. You may allow other users of the computers connected to the network to use the Software, provided that you:

1.1. ensure that all such users agree and are bound by the terms and conditions of this Agreement;

1.2. ensure that all such users use the Software only in conjunction with the computers and in relation to the network of which they form part, and

1.3. Subject to section 16 (which may apply to you if you acquire goods and services from Epson in Australia), indemnify and keep whole Epson and its suppliers against all damages, losses, costs, expenses and liabilities which Epson or its suppliers may incur as a consequence of such users failing to observe and perform the terms and conditions of this Agreement.

You may also make copies of the Software as necessary for backup and archival purposes, provided that the copyright notice is reproduced in its entirety on the backup copy. The term "Software" shall include the software components, media, all copies made by you and any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Epson or its suppliers. Epson and its suppliers reserve all rights not granted herein.

2. Other Rights and Limitations. You agree not to modify, adapt or translate the Software. You also agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not share, distribute, disclose, rent, lease, encumber, sublicense or lend the Software. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates and prior versions, to such person or entity, and that you retain no copies, including copies stored on a computer. Some states or jurisdictions, however, do not allow the restriction or limitation on transfer of the Software, so the above limitations may not apply to you.

3. Ownership. Title, ownership rights, and intellectual property rights in and to the Software and any copies thereof shall remain with Epson or its suppliers. There is no transfer to you of any title to or ownership of the Software and this License shall not be construed as a sale of any rights in the Software. The Software is protected by Japanese Copyright Law and international copyright treaties, as well as other intellectual property laws and treaties. Except as otherwise provided in this Agreement, you may not copy the Software. You also agree not to remove or alter any copyright and other proprietary notices on any copies of the Software.

4. LGPL. The Software uses the open source software programs which apply the GNU Lesser General Public License Version 2 or later version ("LGPL"). Notwithstanding any provision of this Agreement, you may make modification of the Software for your own use and reverse engineering for debugging such modifications according to the terms and conditions of the LGPL.

5. Protection and Security. You agree to use your best efforts and take all reasonable steps to safeguard the Software to ensure that no unauthorized person has access to them and that no unauthorized copy, publication, disclosure or distribution of any of the Software is made. You acknowledge that the Software contains valuable, confidential information and trade secrets, that unauthorized use and copying are harmful to Epson and its suppliers, and that you have a confidentiality obligation as to such valuable information and trade secrets.

6. Limited Warranty. Subject to sections 13 and/or 16 (which may apply to you if you acquire goods and services from Epson in Australia):

6.1. If you obtained the Software by media from Epson or a dealer, Epson warrants that the media on which the Software is recorded will be free from defects in workmanship and materials under normal use for a period of 90 days from the date of delivery to you. If the media is returned to Epson or the dealer from which the media was obtained within 90 days of the date of delivery to you, and if Epson determines the media to be defective and provided the media was not subject to misuse, abuse, misapplication or use in defective equipment, Epson will replace the media, upon your return to Epson of the Software, including all copies of any portions thereof. ALL IMPLIED WARRANTIES IN RELATION TO THE MEDIA, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE.

6.2. You acknowledge and agree that the use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR EPSON'S AND ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, EPSON AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied or statutory warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.

6.3. IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE TO YOU, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EPSON, ITS SUPPLIERS OR ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions, however, do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.

7. Termination. Subject to section 16 (which may apply to you if you acquire goods and services from Epson in Australia), without prejudice to any other rights Epson has, this Agreement shall automatically terminate upon failure by you to comply with its terms. You may also terminate this Agreement at any time by uninstalling and destroying the Software and all copies thereof.

8. Export Restriction. You agree not to transfer, export or re-export the Software and any data or information which you obtained from Epson or use the Software without a proper license under Japanese law, restrictions and regulations, or the laws of the jurisdiction in which the Software is obtained.

9. Governing Law and General Provisions. Subject to section 16 (which may apply to you if you acquire goods and services from Epson in Australia), this Agreement shall be governed and construed under by the laws of Japan without regard to its conflicts of law rules. This Agreement is the entire agreement between the parties with respect to the Software, and supersedes any purchase order, communication, advertisement, or representation concerning the Software. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing signed by an authorized officer of Epson.

10. U.S. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA supplement to the FAR.

11. Internet Connection and Updating Software Version

11.1. Internet Connection. The Software may have the ability to connect over the Internet to transmit data and/or information to and from your computer regarding the Epson hardware and/or software that you use ("Epson Products") including, but not limited to, Epson Products model information, the country/region where you live, the condition of Epson Products, etc. Epson may alter the items of such data and/or information without your prior approval. Epson does not collect any personally identifiable information without your permission. Epson may, however, use non personally identifiable information for statistical purposes to improve the level of service we provide to our users If you agree to install the Software, any transmissions to or from the Internet will be in accordance with Epson's then-current Privacy Policy provided in Epson Internet site.

11.2. Updating Software Version. Subject to Section 16 (which may apply to you if you acquire goods and services from Epson in Australia), the Software may have the ability to connect over the Internet to a server of Epson or any third party entrusted by Epson in order to update the software version (i)automatically or (ii)with your consent in advance. Such updated software shall be deemed to be the Software and be governed by this Agreement.

(IF YOU ACQUIRE THE SOFTWARE IN AUSTRALIA, THE FOLLOWING SECTIONS 12 - 21 MAY ADDITIONALLY APPLY TO YOU)

12. Definitions. For the purpose of sections 13 - 21 of this Agreement, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

13. Acquiring Goods and Services as a Consumer. If you acquire the Software in Australia as a consumer under the Australian Consumer Law, which can include individuals or businesses or other entities of any size, this Agreement is subject to the following sections 14 and 15.

14. Australian Consumer Law. Nothing in this Agreement applies where it would exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.

Notwithstanding anything to the contrary in this Agreement, if you acquire goods (other than goods acquired for the purpose of resupply) and services from Epson as a consumer, they come with statutory guarantees under the Australian Consumer Law that are not excluded by any other terms of this Agreement.

The statutory guarantees include (without limitation) the following:

· Goods must be of acceptable quality. This means they must:

o be safe;

o be free from defects;

o be acceptable in appearance and finish;

o do all the things someone would normally expect them to do;

o match any demonstration model or sample;

o be fit for the purpose which Epson has represented to you it would be fit for;

o match the description of the goods given by Epson; and

o meet any express warranty given by Epson to you at the time of your purchase about their performance, condition and quality.

· Services provided by Epson must:

o be provided with due care and skill or technical knowledge;

o be fit for the purpose or give the results that have been agreed to; and

o be delivered within a reasonable time when there is no agreed end date.

To the extent that Epson fails to comply with a consumer guarantee applicable to you under the Australian Consumer Law, you are entitled to the remedies as set out in the Australian Consumer Law. For major failures with the service, you are entitled:

· to cancel your service contract with us; and

· to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

15. Limited Warranty.

15.1. Section 6.1 will not apply to you.

15.2. Section 6.2 will not apply to you. The following term will apply instead:

EXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR MODIFIES ANY WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW:

(A) You acknowledge and agree that the use of the Software is at your sole risk;

(B) THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND;

(C) EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE; and

(D) EPSON AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

16. Acquiring Product under a Consumer or Small Business Contract.

If:

(a) you are an individual and you acquire the Software wholly or predominantly for personal, domestic or household use or consumption; or

(b) this Agreement constitutes a small business contract (as that term is defined in the Australian Consumer Law from time to time),

then the following Sections 17 - 21 will apply to you.

17. License. Section 1.3 will not apply to you.

18. Limited Warranty. Section 6.3 will not apply to you. The following term will apply instead:

SUBJECT TO SECTION 13, IN NO EVENT WILL A PARTY OR ITS SUPPLIERS BE LIABLE TO THE OTHER PARTY, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF THAT PARTY, ITS SUPPLIERS OR ANY OF ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM BY ANY THIRD PARTY.

19. Termination. Section 7 will not apply to you. The following term will apply instead:

Without prejudice to any other rights either party has, each party may terminate this Agreement, effective on notice to the other party, if the other party fails to comply with this Agreement. You may also terminate this Agreement at any time by uninstalling and destroying the Software and all copies thereof.

20. Governing Law and General Provisions. Section 9 will not apply to you. The following term will apply instead:

This Agreement shall be governed and construed under by the laws of Japan without regard to its conflicts of law rules. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

21. Updating Software Version. Subject to section 16, where Epson automatically updates the Software under Section 11.2 (Updating Software Version), you may terminate this Agreement in writing with no further liability to Epson if a material feature of the Software is changed, discontinued or removed (as a result of the bug fixes, patches, upgrades, additional or enhanced functions, plug-ins and new versions) from the Software and you can demonstrate that this has more than a minor detrimental impact on you.

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the only way you could satisfy both it and this License would be to

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If any portion of this section is held invalid or unenforceable under any

particular circumstance, the balance of the section is intended to apply,

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It is not the purpose of this section to induce you to infringe any

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integrity of the free software distribution system which is

implemented by public license practices. Many people have made

generous contributions to the wide range of software distributed

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to distribute software through any other system and a licensee cannot

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This section is intended to make thoroughly clear what is believed to

be a consequence of the rest of this License.

12. If the distribution and/or use of the Library is restricted in

certain countries either by patents or by copyrighted interfaces, the

original copyright holder who places the Library under this License may add

an explicit geographical distribution limitation excluding those countries,

so that distribution is permitted only in or among countries not thus

excluded. In such case, this License incorporates the limitation as if

written in the body of this License.

13. The Free Software Foundation may publish revised and/or new

versions of the Lesser General Public License from time to time.

Such new versions will be similar in spirit to the present version,

but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Library

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14. If you wish to incorporate parts of the Library into other free

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END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Libraries

If you develop a new library, and you want it to be of the greatest

possible use to the public, we recommend making it free software that

everyone can redistribute and change. You can do so by permitting

redistribution under these terms (or, alternatively, under the terms of the

ordinary General Public License).

To apply these terms, attach the following notices to the library. It is

safest to attach them to the start of each source file to most effectively

convey the exclusion of warranty; and each file should have at least the

"copyright" line and a pointer to where the full notice is found.

This library is free software; you can redistribute it and/or

modify it under the terms of the GNU Lesser General Public

License as published by the Free Software Foundation; either

version 2.1 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful,

but WITHOUT ANY WARRANTY; without even the implied warranty of

MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU

Lesser General Public License for more details.

You should have received a copy of the GNU Lesser General Public

License along with this library; if not, write to the Free Software

Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA

Also add information on how to contact you by electronic and paper mail.

You should also get your employer (if you work as a programmer) or your

school, if any, to sign a "copyright disclaimer" for the library, if

necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the

library `Frob' (a library for tweaking knobs) written by James Random Hacker.

<signature of Ty Coon>, 1 April 1990

Ty Coon, President of Vice

That's all there is to it!

OS

SEIKO EPSON CORPORATIONSOFTWARE LICENSE AGREEMENT

SEIKO EPSON CORPORATION
SOFTWARE LICENSE AGREEMENT